Michael Barrymore drops police compensation claim – BBC News
‘Michael Barrymore has dropped a compensation claim for being arrested over the death of a man at his home.’
BBC News, 1st July 2019
Source: www.bbc.co.uk
Category: appeals
Court of Appeal rejects challenge to lawfulness of discriminatory allocation of housing on ground of religion – Local Government Lawyer
‘The Court of Appeal has rejected an appeal against a Divisional Court ruling that a charitable housing association’s arrangements for allocating housing, which amount to direct discrimination on the ground of religion, were lawful.’
Local Government Lawyer, 27th June 2019
Source: www.localgovernmentlawyer.co.uk
Supreme Court refuses government permission to appeal in pensions dispute with firefighters – Local Government Lawyer
‘The Supreme Court has this week refused the Government permission to appeal in a long-running dispute with the Fire Brigades Union over changes to firefighters’ pensions in 2015.’
Local Government Lawyer, 28th June 2019
Source: www.localgovernmentlawyer.co.uk
Supreme Court to rule next week on implying condition restricting use of premises into planning permission – Local Government Lawyer
‘The Supreme Court will next week (3 July) rule on the London Borough of Lambeth’s appeal over whether a condition restricting the use of premises should be implied into a planning permission granted by the council, or, alternatively, whether the planning permission should be interpreted as containing such a condition.’
Local Government Lawyer, 27th June 2019
Source: www.localgovernmentlawyer.co.uk
Arm Sales to Saudi Arabia: Evaluating the Clear Risk of Violations of IHL – Oxford Human Rights Hub
‘On Thursday 20 June, the Court of Appeal issued its open judgment in the appeal concerning the lawfulness of the grant by the UK Government of export licences for arms sales to the Kingdom of Saudi Arabia (“KSA”), for possible use in the conflict in Yemen. In their judgment, Sir Terence Etherton MR, Irwin LJ and Singh LJ allowed the appeal by the Campaign Against Arms Trade (“CAAT”), remitting the decision to issue said licences by the Secretary of State for International Trade for reconsideration in accordance with the correct legal approach.’
Oxford Human Rights Hub, 26th June 2019
Source: ohrh.law.ox.ac.uk
Mike Gordon: Privacy International, Parliamentary Sovereignty and the Synthetic Constitution – UK Constitutional Law Association
‘The case of R (Privacy International) v Investigatory Powers Tribunal is the latest in a series of high profile judicial engagements with the doctrine of parliamentary sovereignty. The case concerned the legal status of s.68(7) of the Regulation of Investigatory Powers Act 2000, and in particular, whether this provision constituted a successful attempt to oust the jurisdiction of the High Court to hear challenges to the decisions of the Investigatory Powers Tribunal by judicial review.’
UK Constitutional Law Association, 26th June 2019
Source: ukconstitutionallaw.org
Same-sex and single-parent adoption and religious discrimination: Page – Law & Religion UK
‘On 19 June 2019, the Employment Appeal Tribunal handed down two separate judgments relating to the same appellant, Mr Richard Page: Page v Lord Chancellor & Anor [2019] UKEAT 0304 18 1906 and Page v NHS Trust Development Authority [2019] UKEAT 0183 18 1906. The appeals related to Mr Page’s religious beliefs in relation to his position as a magistrate and as a Non-Executive Director of an NHS Trust, respectively; and the EAT dismissed the appeals in both cases. From the legal perspective, the two cases were not “linked” as such because there was no cross-referencing between them. However, the action taken by the Lord Chancellor’s Department resulted, indirectly, in action being instituted by the NHS, and the following note relates to both judgments.’
Law & Religion UK, 24th June 2019
Source: www.lawandreligionuk.com
JusticeWatch: Growing ‘justice gap’ in discrimination cases – Legal Voice
‘Victims of discrimination were being denied access to justice and offenders going unchallenged as a result of a ‘failing’ legal aid system, as reported in the Justice Gap.’
Legal Voice, 21st June 2019
Source: legalvoice.org.uk
CA rejects challenge to abolition of oral permission hearings – Litigation Futures
‘The Court of Appeal has rejected a challenge to the abolition of most oral permission-to-appeal hearings before it.’
Litigation Futures, 26th June 2019
Source: www.litigationfutures.com
Discovery assessments: the Court of Appeal in Tooth – OUT-LAW.com
‘The Court of Appeal decided in the Tooth case that finding a different reason for under assessment or a different mechanism for assessing an insufficiency of tax HMRC already knew about was not enough to enable HMRC to issue a discovery assessment.’
OUT-LAW.com, 21st June 2019
Source: www.pinsentmasons.com
Speedboat crash: Jack Shepherd loses appeal against conviction – The Guardian
‘Jack Shepherd has lost a court of appeal challenge against his conviction for the manslaughter of 24-year-old Charlotte Brown.’
The Guardian, 20th June 2019
Source: www.theguardian.com
Reasonable Expenses and intentional homelessness – Nearly Legal
‘Samuels v Birmingham City Council (2019) UKSC 28. The Supreme Court, finally, has delivered its judgment on the issue of the assessment of “reasonable expenses” when considering the affordability of rent in homelessness decisions.’
Nearly Legal, 16th June 2019
Source: nearlylegal.co.uk
“No revolution” says the Supreme Court as it rules on defamation – UK Human Rights Blog
‘Lachaux v Independent Print Ltd and another [2019] UKSC 27. The Supreme Court has unanimously held that the Defamation Act 2013 altered the common law presumption of general damage in defamation. It is no longer sufficient for the imposition of liability that a statement is inherently injurious or has a “tendency” to injure a claimant’s reputation. Instead, the language of section 1(1) of the Act requires a statement to produce serious harm to reputation before it can be considered defamatory.’
UK Human Rights Blog, 17th june 2019
Source: ukhumanrightsblog.com
Defective service and “technical game playing”: Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 – Zenith PI
‘Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 is the latest procedural skirmish in the ongoing battle between Claimants and Defendants. Following on from the Supreme Court’s judgment in Barton v Wright Hassall LLP [2018] UKSC 12, it is an important reminder – if any were needed – that Claimants must be familiar with the rules on service of claim forms, and with the other side’s procedural stance.’
Zenith PI, 17th June 2019
Source: zenithpi.wordpress.com
Speedboat killer Jack Shepherd to challenge manslaughter conviction in Court of Appeal – Daily Telegraph
‘A man convicted of killing his date in a speedboat incident is set to have a challenge against his conviction heard at the Court of Appeal.’
Daily Telegraph, 13th June 2019
Source: www.telegraph.co.uk
Supreme Court turns back on procedural appeals – Litigation Futures
‘The Supreme Court is not keen to entertain appeals on procedural points, its annual report has indicated. It handled 23 permissions to appeal (PTA) applications in relation to procedure in the year to 31 March 2019 – far more than any other category of law – and only granted permission in one of them.’
Litigation Futures, 11th June 2019
Source: www.litigationfutures.com
First High Court guidance on proportionality leads to huge costs cut – Litigation Futures
‘The first High Court judge to give guidance on applying the proportionality test has overturned a costs master’s ruling and slashed the costs he allowed by more than two-thirds.’
Litigation Futures, June 2019
Source: www.litigationfutures.com
Sam Fowles: Can the Prime Minister Prorogue Parliament to Deliver a No Deal Brexit? – UK Constitutional Law Association
‘In recent days certain government backbenchers have proposed a new avenue to deliver a “no deal” Brexit.’
UK Constitutional Law Association, 10th June 2019
Source: ukconstitutionallaw.org
‘Spiking’ of mesothelioma reinsurance claims not permitted – OUT-LAW.com
‘Insurers are not permitted to “spike” mesothelioma-related reinsurance claims arising under employers’ liability policies, the The Court of Appeal in the UK has ruled.’
OUT-LAW.com, 6th June 2019
Source: www.out-law.com
